In a decision with possible serious implications for the Department of the Interior's program to accelerate oil and gas production from the Outer Continental Shelf (OCS), Federal District Judge Jack B. Weinstein of the Eastern District of New York has voided the first sale of OCS oil and gas exploration and production leases in areas off the Atlantic coast because the final environmental impact statement (EIS) inadequately complied with the requirements of the National Environmental Policy Act (NEPA).¹ The ruling bucks the trend of several recent decisions which have upheld OCS lease sales off the Gulf coast² and off the shores of California³ and Alaska.⁴ Also, the ruling represents the first judicial success for opponents of particular actions taken pursuant to the national program for accelerated leasing announced by President Nixon in 1974.⁵ The decision moreover brings into focus a number of serious political questions concerning the role of environmental protection in the development of domestic energy resources.

Judge Weinstein's decision on the merits in County of Suffolk v. Secretary of the Interior was foreshadowed by his issuance of a preliminary injunction last fall against the opening of bids for the lease sale. The injunction was quickly stayed by the Second Circuit, however, which pointed out that there would be no irreparable harm from simply opening the bids and emphasized the paramount national interest in increasing domestic energy supplies. Mr. Justice Marshall, sitting as Circuit Justice, refused to vacate the stay.⁶